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13-105 - USA v. DeFoggi et al


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13-105 - USA v. DeFoggi et al
May 7, 2013
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ORDER granting 18 Defendant's Oral Motion as to Timothy DeFoggi (1). Pretrial Motion Deadline continued to 7/26/2013. The additional time arisingas a result of the granting of the motion, i.e., from May 6, 2013, and July 26, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. (Copy to USA and defendant's counsel)(JAB)
May 13, 2013
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ORDER of Detention pending trial as to defendant Timothy DeFoggi. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
May 22, 2013
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ORDER APPOINTING COUNSEL as to defendant Zackary Austin - Chad D. Primmer is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
May 29, 2013
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ORDER : Pretrial Motion Deadline set for 9/6/2013 ; Time under the Speedy Trial Act will be excluded from today until September 6, 2013 as to defendants Timothy DeFoggi, Zackary Austin. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)ORDER : Pretrial Motion Deadline set for 9/6/2013 ; Time under the Speedy Trial Act will be excluded from today until September 6, 2013 as to defendants Timothy DeFoggi, Zackary Austin. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
May 30, 2013
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ORDER granting the government's 37 Oral Motion for Detention due to the nature of the charges in the Indictment and the defendant's criminal history making him both a flight risk and a danger to the community as to Zackary Austin (2). When Austin is returned to LaTuna FCI, the U.S. Marshal shall place a detainer with the warden of such facility. Ordered by Magistrate Judge Thomas D. Thalken. (1 cert to USM)( MKR)
June 14, 2013
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ORDER granting 39 SEALED MOTION as to Timothy DeFoggi (1) and Zackary Austin (2). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB)ORDER granting 39 SEALED MOTION as to Timothy DeFoggi (1) and Zackary Austin (2). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB)
August 7, 2013
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ORDER granting Defendant DeFoggi's 54 Motion for an Extension of Time as to Timothy DeFoggi (1). DeFoggi is given until on or before August 16, 2013, in which to file the required affidavit, whereupon the deadline to file pretrial motions will be extended to November 6, 2013. Pretrial Motion Deadline set for 11/6/2013. The additional time arising as a result of the granting of the motion, i.e., the time between August 7, 2013, and November 6, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Defendant DeFoggi's 54 Motion for an Extension of Time as to Timothy DeFoggi (1). DeFoggi is given until on or before August 16, 2013, in which to file the required affidavit, whereupon the deadline to file pretrial motions will be extended to November 6, 2013. Pretrial Motion Deadline set for 11/6/2013. The additional time arising as a result of the granting of the motion, i.e., the time between August 7, 2013, and November 6, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
September 6, 2013
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ORDER granting Defendant Austin's 62 Motion for an extension of time as to Zackary Austin (2). Austin is given until on or before September 12, 2013, in which to file the required affidavit, whereupon the deadline to file pretrial motions will be extended to November 6, 2013. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and November 6, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 11/6/2013. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)ORDER granting Defendant Austin's 62 Motion for an extension of time as to Zackary Austin (2). Austin is given until on or before September 12, 2013, in which to file the required affidavit, whereupon the deadline to file pretrial motions will be extended to November 6, 2013. The additional time arising as a result of the granting of the motion, i.e., the time between September 6, 2013, and November 6, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 11/6/2013. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
November 8, 2013
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ORDER - The 68 Motion for an Extension of time to file pretrial motions is held in abeyance pending compliance with NECrimR 12.1(a) and Paragraph 9 of the Progression Order. Absent compliance on or before November 15, 2013, the motion will be deemed withdrawn and termed on the docket as to Timothy DeFoggi (1). Ordered by Magistrate Judge Thomas D. Thalken. ( MKR, )
December 2, 2013
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ORDER denying DeFoggi's 64 Motion for Bill of Particulars and 66 Motion to Sever as to Timothy DeFoggi (1). Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
December 11, 2013
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ORDER - The motion for an extension of time to file pretrial motions (Filing No. 68) is denied as to Timothy DeFoggi (1). Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
January 28, 2014
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ORDER APPOINTING COUNSEL - David R. Stickman appointed as counsel as to defendant Timothy DeFoggi. The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter. Ordered by District Judge Joseph F. Bataillon. (KMG)
May 2, 2014
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ORDER - DeFoggi's Motion for Additional Discovery (Filing No. 104) is denied, without prejudice. DeFoggi's Amended Motion for Independent Review of Internet and Computer-Related Evidence (Filing No. 110) is granted as set forth above as to Timothy DeFoggi (1). Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
May 7, 2014
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ORDER denying DeFoggi's 102 Motion to Sever as to Timothy DeFoggi (1). Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Failure to timely object may constitute a waiver of any objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
June 9, 2014
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FINDINGS AND RECOMMENDATION that DeFoggi's MOTION to Suppress evidence obtained through interception of electronic communications 97 be denied; DeFoggi's MOTION to Suppress evidence obtained through search of defendant's house 105 be denied; and DeFoggi's MOTION in Limine 95 be denied as to defendant Timothy DeFoggi. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) business days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
June 20, 2014
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MEMORANDUM AND ORDER - Defendant's motion to sever, Filing No. 102, is denied; Defendant's objections, Filing No. 139, are overruled; The findings and recommendation of the magistrate judge, Filing No. 137, is adopted in its entirety as to Timothy DeFoggi (1). Ordered by Judge Joseph F. Bataillon. ( MKR)
June 24, 2014
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ORDER denying 154 SEALED MOTION for miscellaneous relief as to Timothy DeFoggi (1). The court has received a report from the U.S. Marshal concerning DeFoggis medical care while in detention. The court has provided a copy of the report to counsel for the United States and DeFoggi. The report will be filed and sealed. The court finds DeFoggi is receiving adequate medical attention. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
June 25, 2014
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FINDINGS AND RECOMMENDATION that DeFoggi's Motion to Dismiss 138 be denied as to defendant Timothy DeFoggi. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) business days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
July 8, 2014
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MEMORANDUM AND ORDER - Defendant's motion to suppress, Filing No. 97, is denied. Defendant's motion to suppress, Filing No. 105, is denied. Defendant's motion in limine, Filing No. 95, is denied. Defendant's objections, Filing No. 161, to the F&R of the magistrate judge are overruled. The F&R of the magistrate judge, Filing No. 148, is adopted in its entirety as to Timothy DeFoggi (1). Ordered by Judge Joseph F. Bataillon. (MKR)
July 10, 2014
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ORDER granting the Defendant's 172 Motion for Extension of Time to file objections to magistrate's findings as to Timothy DeFoggi (1). DeFoggi shall have to on or before July 25, 2014, in which to file objections to the Findings and Recommendation on DeFoggi's motion to dismiss 138. Ordered by Magistrate Judge Thomas D. Thalken. ( MKR)
July 22, 2014
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ORDER that DeFoggi shall disclose to the government the information required by Fed. R. Crim. P. 16(b)(1)(C) on or before July 25, 2014 as to defendant Timothy DeFoggi. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
August 4, 2014
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MEMORANDUM AND ORDER- Defendant's motion to dismiss, Filing No. 138, is denied. Defendant's objections, Filing No. 177, to the F&R of the magistrate judge are overruled. The F&R of the magistrate judge, Filing No. 168, is adopted in its entirety as to Timothy DeFoggi (1). Ordered by Judge Joseph F. Bataillon. ( MKR)
August 12, 2014
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ORDER RE: TRIAL PREPARATION (CRIMINAL JURY TRIAL) as to Defendant Timothy DeFoggi. Ordered by Chief Judge Laurie Smith Camp. (JB)
August 26, 2014
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ORDER regarding defendant Timothy DeFoggi. For administrative purposes, the term of service for the jurors who sat in this matter, including alternate jurors, is hereby extended until October 7, 2014. Ordered by Chief Judge Laurie Smith Camp. (GJG)
November 6, 2014
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JUDGMENT as to Zackary Austin (2), Count 3 - Defendant pleaded guilty to count III of the Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred ninety-two (192) months, to be served concurrent to the sentence imposed by the United States District Court of Nevada, case number 3:11CR139; 10 years supervised release to run concurrent to the term of supervised release imposed by the United States District Court of Nevada, case number 3:11CR139; $100.00 special assessment. Counts I, II, IV, V-VII of the Indictment are dismissed on the motion of the United States as to this defendant only as to defendant Zackary Austin. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM) (ADB)
November 19, 2014
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ORDER - This matter is before the Court on a letter/pleading wherein the defendant alleges claims of ineffective assistance of his counsel in this case. As a result, the Court is instructing the Clerk of Court to file this as a motion for habeas corpus relief pursuant to 28 U.S.C. § 2255. The Clerk of Court is further ordered to send a copy of the appropriate § 2255 forms to the defendant at his current or last known address. The defendant is ordered to fill out and return the appropriate paperwork to the Clerk of Court, if he desires to pursue this matter pursuant to 28 U.S.C. § 2255, within 45 days of the date of this Order. If the defendant fails to file the paperwork within that time frame, the Clerk of Court is ordered to strike defendant's letter/pleading alleging the claims of ineffective assistance of counsel as to defendant Zackary Austin. IT IS SO ORDERED. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
December 17, 2014
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report and Addendum as to Defendant Timothy DeFoggi. Ordered by Chief Judge Laurie Smith Camp. (JB)
December 30, 2014
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MEMORANDUM AND ORDER as to defendant Timothy DeFoggi (1). The Motion for Acquittal under Federal Rule of Criminal Procedure 29 (Filing No. 260), filed by Defendant Timothy DeFoggi, is granted in part as follows: a. The convictions under Counts II and III are vacated as lesser included offenses of Count I. b. The Motion is otherwise denied. 2. The Motion for New Trial under Federal Rule of Criminal Procedure 33 (Filing No. 260), filed by Defendant Timothy DeFoggi, is denied. Ordered by Chief Judge Laurie Smith Camp. (GJG)
September 21, 2015
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ORDER denying 304 Motion for Copies as to Zackary Austin (2). The Clerk of Court is ordered to again send copies of Filing Nos. 258 and 303 to the defendant. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with copy of orders 258 and 303 and 2255 Motion Form)( ADB, )
March 31, 2016
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ORDER granting the Plaintiff's 307 Motion to Dismiss Forfeiture Allegation against Defendants Timothy DeFoggi and Zachary Austin is granted; and The Forfeiture Allegation of the Indictment (Filing No. 1) against Defendants Timothy DeFoggi and Zachary Austin is dismissed as to Timothy DeFoggi (1) and Zackary Austin (2). Ordered by Chief Judge Laurie Smith Camp. ( MKR) ORDER granting the Plaintiff's 307 Motion to Dismiss Forfeiture Allegation against Defendants Timothy DeFoggi and Zachary Austin is granted; and The Forfeiture Allegation of the Indictment (Filing No. 1) against Defendants Timothy DeFoggi and Zachary Austin is dismissed as to Timothy DeFoggi (1) and Zackary Austin (2). Ordered by Chief Judge Laurie Smith Camp. ( MKR)
February 3, 2017
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ORDER - The Clerk of the Court shall refund $100.00 to the defendant, Timothy DeFoggi, at his last known address. Ordered by Chief Judge Laurie Smith Camp. (E-mailed to Finance) (KLF)